Cannon v. Social Security Administration Commissioner
Filing
19
ORDER on Attorney Fees in the amount of $8,096.50. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Signed by Honorable Robert T. Dawson on August 28, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JUDY CANNON
vs.
PLAINTIFF
Civil No. 6:14-cv-06036
CAROLYN COLVIN
Commissioner, Social Security Administration
DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed on July 14, 2015 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 18.
Judge Bryant recommends that Plaintiff’s Application for Attorney Fees Under the Equal Access to
Justice Act (“EAJA”) (ECF No. 15) be GRANTED. Defendant has not filed objections to the
Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1).
Accordingly, this Court finds that Plaintiff is entitled to compensation under the EAJA in the
amount of $8,096.50. This award represents 38 attorney hours from 2014 at an hourly rate of
$186.00 and 5.5 hours from 2015 at an hourly rate of $187.00. This amount should be paid in
addition to, and not out of, any past due benefits which Plaintiff may be awarded in the future.
The parties are reminded that the award herein under the EAJA will be taken into account
at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406 in order to prevent double
recovery by counsel for Plaintiff.
IT IS SO ORDERED, this 28th day of August 2015.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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